In November 2020, “Solitary by another name: The ongoing use of isolation in Canada’s federal prisons” was published by the West Coast Prison Justice Society / Prisoners’ Legal Services. The report identifies ways that the Correctional Service Canada (CSC) continues to routinely keep prisoners in solitary confinement, or solitary-like conditions of isolation, sometimes for months on end, despite Canada’s claims to have eliminated the use of segregation. It recommends legislative limits on the use of isolation, care in community-based hospitals for prisoners with serious mental illnesses and increased funding for Indigenous-run healing lodges, and calls for an external review of staff culture at all levels.
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Human rights system
Recommendation 1:
We recommend that legislation prohibit the use of solitary confinement as it is defined by the United Nations’ in the Mandela Rules.
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Regarding isolation for medical or mental health reasons
Recommendation 15: We recommend that Canada and CSC amend their laws and policies related to medical professionals to be in full accordance with the Mandela Rules.-
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Regarding structured intervention units
Recommendation 21: To facilitate meaningful access to counsel, we recommend legislation or policy providing:- That outside agencies should be allowed to provide in-person legal aid clinics in SIUs on a regular basis.
- That CSC staff must deliver and facilitate all legal callback requests within 24 hours.
- That CSC must share relevant documentation directly with counsel at least three days in advance of all SIU reviews, without requiring a signed consent form.
- That outgoing faxes to counsel be provided to all prisoners free of charge and within one working day.
- That prisoners be provided sufficient time to meet with counsel in person, in a confidential room.
- That all necessary steps be taken to facilitate the attendance of counsel at hearings, including advising counsel of the time and date of the hearing as soon as it is scheduled and confirming requests by counsel to attend.
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Regarding structured intervention units
Recommendation 28: We recommend that the SIU Review Committee be abolished, and law and policy be clear that prisoners have the right to be represented by counsel at an oral hearing before the actual decision maker.-
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Regarding structured intervention units
Recommendation 29: We recommend that CSC invest in qualified, independent behavioural counsellors, occupational therapists and social workers to be available in all men’s and women’s SIUs to provide services to promote mental well being.-
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Regarding staff culture
Recommendation 30: We recommend that CSC fund an external review of staff culture at all levels within CSC to develop a plan to change the culture of corrections, with a focus on the dignity and human rights of prisoners.-
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Regarding staff culture
Recommendation 31: We recommend that any staff who behave inappropriately in relation to prisoners held in any form of isolation, or who deny them their rights, be disciplined and removed from working with vulnerable prisoners.-
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Regarding staff culture
Recommendation 32: We recommend that all correctional officers be required to wear body cameras that record video and audio whenever they are working in areas with prisoners.-
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